. >> rose: under the commerce clause. >> under the commerce clause but again a very concerted effort by conservatives using very much to their credit the power of ideas, started making the argument that this was too much under the commerce clause, but it was really a novel argument, and this court has not invalidated an economic regulation since the 30s. and roberts almost went over to the other side. in part, i think he was -- the other conservatives, scalia, thomas, kennedy and alito,they or pled their hand because they said we are not going to strike down the individual mandate, we are going to throw the whole law out. >> rose: and the debate going into this, whether they would declare it an individual mandate unconstitutional and say the rest of the legislation was constitutional, whether they would declare it all constitutional or all unconstitutional. >> that's right. and that -- the conservatives basically challenged roberts all or nothing, and roberts said, i can't do this, so he came up with this argument. >> rose: is it because -- >> i can't do this -- well again, you have